Archived—Letter to Telesat Canada

300 Slater Street
Ottawa, ON K1A 0C8

Our File: 6215-5-13

Dec 23, 2003

Mr. Ted Ignacy
Vice President, Finance & Treasurer
Telesat Canada
1601 Telesat Court
Gloucester, Ontario
K1B 5P4

Dear Mr. Ignacy:

This is further to our letter of May 1, 2003 granting an additional extension to the implementation milestones of your approval in principle to develop and operate the Anik F3 space station at the 118.7°W orbital position.

I note that our letter dealt with an extension to the milestones set out in condition 5 of the approval in principle. Through oversight, however, we did not deal with the consequential changes to affected conditions. Condition 6, specifically conditions 6.1 and 6.3, concerning capacity to meet the needs of users and service providers in Canada, also need to reflect the one year extension. Accordingly, attached is a revised condition 6 of licence for the approval which fully reflects the one year extension to the Anik F3 milestones.

In keeping with our commitment to fair, open and transparent licensing processes, a copy of the consolidated conditions incorporating all the changes to the conditions to date will be posted on our Strategis website. If you have any questions, please contact Chantal Beaumier at (613) 998-3819.

Yours sincerely,

Jan Skora
Director General
Radiocommunications and Broadcasting Regulatory Branch



Revised Condition 6 of Approval in Principle for Telesat Canada (Telesat) to Obtain a C/Ku Space Station Licence for the 118.7°W Orbital Position

(6) Capacity to Meet Needs of Users and Service Providers in Canada

Telesat shall operate the satellite as a Canadian telecommunications common carrier and shall offer its satellite capacity at the 118.7°W orbital position on a non-discriminatory, first-come, first-served basis.

(6.1) Ku Band Capacity

Notwithstanding condition 6, Telesat shall offer its Ku band capacity at the 118.7°W orbital position on a nondiscriminatory, first-come, first-served basis only to satellite users and service providers in Canada until January 1, 2005. Subject to contractual commitments already made to such users and service providers, a maximum of four Ku transponders per user or service provider will be permitted until January 1, 2005. Users or service providers in Canada may commit to more Ku capacity prior to January 1, 2005, but capacity above four Ku transponders will be conditional upon sufficient Ku capacity remaining available after all initial user and service provider needs have been met. This remaining Ku capacity will be allocated on a first-come, first-served basis, with no restriction or limit on the number of transponders contracted by a single entity; and at the completion of this process, any remaining Ku capacity may be made available to other entities.

(6.2) Call for Interest in C Band Capacity

Telesat shall initiate a public "call for interest" to determine Canadian needs for C band capacity prior to assigning such capacity to entities outside Canada. Should the C band capacity being made available by this licence exceed the identified Canadian requirements, Telesat may assign such excess capacity for service in other countries, subject to the approval of the appropriate regulatory authorities of the administration concerned.

(6.3) Additional C Band Capacity for Users and Service Providers

If a satellite user or service provider in Canada demonstrates a need for C band satellite capacity, or if such a need for capacity should arise as a result of government initiatives to encourage the deployment of broadband connectivity to underserved communities by 2005, and Telesat is unable to accommodate those needs on the satellite capacity being made available by this licence Telesat shall, until January 1, 2005, use reasonable commercial efforts to find and offer sufficient C band capacity to support these needs. These efforts are limited to the amount of C band capacity equivalent to the amount not committed to Canadian users on the satellite by the licensee.

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